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PEOPLE v. CLEVENGER

189 Misc.2d 80 (2001)

730 N.Y.S.2d 662

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH M. CLEVENGER, Appellant.

Supreme Court, Appellate Term, Second Department.

May 3, 2001.

Attorney(s) appearing for the Case

Stephens, Baroni, Reilly & Lewis, L. L. P., White Plains (Stephen R. Lewis of counsel), for appellant.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Jessica Z. Segal of counsel), for respondent.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order entered on November 30, 1999 unanimously reversed upon the law and motion to vacate judgment granted to the extent of remanding the matter for a hearing and de novo determination by a different judge.

Appeal from order dated August 3, 2000 dismissed.

Defendant's original motion to vacate his guilty plea should have been determined after a hearing since the sworn allegations of fact essential to support...

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